General Terms & Conditions
§ 1 Scope of application
- For the entire business relationship between Mayan Retail & Commerce GmbH (hereinafter also referred to as "Provider" or "Company") and the customer (hereinafter "Consumer" or "Customer"), the following General Terms and Conditions (hereinafter also referred to as "GTC") of the Provider shall apply exclusively.
- A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
§ 2 Contractual Partner
The purchase contract is concluded with Mayan Retail & Commerce GmbH, Managing Directors: Nitzan Cohen and Ariel Ben Shushan, c/o Mindspace, Friedrichstraße 68, 10117 Berlin, Commercial Register: Charlottenburg Local Court, HRB 203399 B.
§ 3 Description of Services
Welcome to Sensible-pi.com, we offer a subscription service to provide you with access to our range of cosmetic and skincare products. Please read these Subscription Terms and Conditions carefully before subscribing to our service.
Subscription and Payment
1.1. Subscription: By subscribing to Sensible-pi.com, you agree to these Subscription Terms and Conditions. To subscribe, you must select a subscription plan with a minimum period of 3 months. After the minimum subscription period has ended, you may cancel your subscription at any time.
1.2. Payment: You will be charged a subscription fee as indicated on our website. The subscription fee is payable in advance and is non-refundable, except as otherwise provided in these Subscription Terms and Conditions.
1.3. Automatic Renewal: Your subscription will automatically renew at the end of each subscription period unless you cancel your subscription before the end of the current subscription period. If you cancel your subscription, you may use our service until the end of your current subscription period.
1.4. Payment Method: You may pay for your subscription by credit card or other payment methods accepted by us. By providing us with your payment information, you authorize us to charge your payment method for the subscription fee.
1.5. Changes to Subscription and Fees: We reserve the right to change our subscription offerings and fees at any time. We will notify you of any changes to our subscription offerings or fees by email or by posting such changes on our website.
Use of Sensible-pi.com
2.1. Personal Use: You may use Sensible-pi.com only for personal and non-commercial purposes. You may not use Sensible-pi.com for any commercial purposes without our prior written consent.
2.2. Prohibited Conduct: You agree not to use Sensible-pi.com to:
(a) Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
(b) Upload, post, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(c) Upload, post, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(d) Upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(e) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(f) Interfere with or disrupt the operation of Sensible-pi.com or the servers or networks connected to Sensible-pi.com;
(g) Violate any applicable laws or regulations.
Cancellation and Refunds
3.1. Cancellation: You may cancel your subscription at any time after the minimum subscription period has ended. To cancel your subscription, log in to your account on Sensible-pi.com and follow the cancellation instructions.
3.2. Refunds: Subscription fees are non-refundable, except as otherwise provided in these Subscription Terms and Conditions. If you cancel your subscription within the first 14 days of your initial subscription, and the order can be refunded according to our refund policy, we will refund your subscription fee. After the first 14 days, no refunds will be issued for any reason.
4.1. Ownership: All content on Sensible-pi.com belong to Mayan Retail & Commerce GmbH
§ 4 Prices and shipping costs, due date, payment
- The monthly price of the subscription mentioned on the website, are inclusive of the applicable sales tax.
- The Provider is entitled to adjust the respective price list a maximum of once per quarter to changing market conditions, in the event of significant changes in procurement costs, changes in sales tax or procurement prices. In the event of price increases that significantly exceed the regular increase in the cost of living, the customer shall have the right to terminate the contract. In such cases, he will be notified of this by the Provider in text form.
- The fee is to be paid by the user according to the agreed order data either by credit card (VISA, MasterCard, AMEX or Diners Club) or PayPal. You will be in default of payment at the latest if you do not pay within 30 days after receipt of the invoice and due date.
- If your credit or debit card payment is not successfully processed for any reason, we reserve the right to retry the payment within 48 hours.
- If the customer does not cancel the scheduled treatment at least 24 hours before the appointment, 50% of the price for the treatment will be charged.
§ 5 Conclusion of contract
- All information provided by the customer in the order process must be current and truthful. The customer password may not be disclosed to third parties and must be kept inaccessible to unauthorized persons. Any loss or disclosure must be reported to the Provider in text form without delay. The customer is liable for misuse, for example when ordering with his customer password by third parties according to the legal provisions.
- By clicking the button "Buy/order with costs" you place a binding order. The contract for the subscription is concluded when we accept your order by sending an order confirmation by e-mail immediately after receiving your order.
§ 6 Right of revocation
If you conclude the contract as a consumer, you are entitled to the following statutory right of withdrawal:
- Cancellation policy
- Right of withdrawal
You have the right to cancel the contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must send the provider (Mayan Retail & Commerce GmbH c/o Mindspace, Friedrichstraße 68, 10117 Berlin, Tel.: 01745969654, e-mail: xxx) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
- Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs, without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
- Sample cancellation form
If you wish to revoke the contract, please fill out this form and send it to:
Mayan Retail & Commerce GmbH c/o Mindspace, Friedrichstraße 68, 10117 Berlin, Tel: 01745969654, Email: firstname.lastname@example.org
I/we (*) hereby revoke the contract concluded by me/us (*) for the conclusion of the subscription.
Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of paper communication)
- Return costs
In case of the right of withdrawal you have to bear the costs of the return shipment if the delivered goods correspond to the ordered goods.
§ 7 Retention of title
- We retain title to the delivered item until all claims arising from the subscription contract have been paid in full. This also applies to all future deliveries, even if we do not always expressly refer to this.
- The delivered device "Zero Gravity" remains the property of the Provider during the entire term of the subscription and is only rented by the Customer. The provider is entitled to take back the rented device if the customer behaves contrary to the contract.
- The customer undertakes to treat the rented device with care.
§ 8 CONTRACT TERM, TERMINATION, CONTRACT EXTENSIONApplied only to 'Sensible-Value" subscription plan.
- Unless otherwise agreed, subscriptions shall run for an indefinite period. Billing shall be based on the respective agreed billing cycle. You may terminate your subscription agreement at any time, provided that the rented device "Zero Gravity" has been returned to the Provider or, in the event of theft, the Provider has received a police report. If the device has neither been returned nor a theft has been made credible, the provider will charge the customer the total purchase price of the device (899.00 Euro). Only from the moment of payment of the amount in full, the contract is considered terminated.
- If the customer has paid in advance, the difference will be refunded. Cancellation must be declared in writing or in text form (e.g. e-mail). Please send it to Mayan Retail & Commerce GmbH c/o Mindspace, Friedrichstraße 68, 10117 Berlin, Tel.: 01745969654, E-Mail: email@example.com
§9 DATA PROTECTION
With regard to data protection, express reference is made to the provider's data protection declaration.
§10 AMENDMENT OF THE GENERAL TERMS AND CONDITIONS
If the execution of the contract is made considerably more difficult or impossible due to a change in case law or relevant legal regulations, if a regulatory gap in the GTC becomes apparent, or if a significant disturbance of the balance between performance and consideration occurs, the Provider reserves the right to amend these GTC with effect for the future according to the following procedure:
a) The Customer's consent is required for the amendments to become effective.
b) For this purpose, the Provider shall notify the Customer in writing of the planned changes, stating the reasons, two months before the planned effective date of the changes.
c) The customer shall be granted the right to object to the planned changes within one month.
d) If the customer fails to do so, this shall be deemed to be consent to the planned changes. In this context, it is expressly pointed out that silence on the part of the customer within the objection period shall be deemed to constitute consent.
e) If the customer fails to do so, this shall be deemed to be consent to the planned changes. In this context, it is expressly pointed out that silence on the part of the customer within the objection period shall be deemed to constitute consent.
§ 11 Miscellaneous
- This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
- The place of performance and exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office, unless otherwise stated in the order confirmation.
- all agreements made between the parties for the purpose of executing this contract are set out in writing in this contract.